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Original Approval Date: 1/93
Revised: 1/94, 5/97, 7/97,1/02 & 4/03

Documentation Requirements and Approval Procedures
of Federal-Aid Projects Classified as Categorical Exclusions

US Department of Transportation
Federal Highway Administration

And

North Carolina Department of Transportation

Approved:

April 11, 2003
Date
/s/ Calvin Leggett
Calvin Leggett, PE, Manager
Program Development Branch, NCDOT
10 Apr 03
Date
/s/ Gregory J. Thorpe
Gregory J. Thorpe, PhD, Manager
Project Development & Environmental Analysis Branch, NCDOT
April 15, 2003
Date
/s/ Donald J. Voelker
Donald J. Voelker
Acting Division Administrator, FHWA

Table of Contents

INTRODUCTION

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FOR FEDERAL-AID PROJECTS

  1. BACKGROUND
  2. CE CLASSIFICATIONS
  3. THE CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
  4. DOCUMENTATION REQUIREMENTS
  5. THRESHOLD CRITERIA FOR TYPE II(A) CATEGORICAL EXCLUSIONS

PROCEDURES FOR PROCESSING TYPE I, TYPE II(A), AND TYPE II(B) CATEGORICAL EXCLUSIONS

APPENDIX


INTRODUCTION

The Council on Environmental Quality's (CEQ's) Regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) (40 CFR Parts 1500-1508, November 29, 1978) defined "Categorical Exclusion" as a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an environmental assessment (EA) nor environmental impact statement (EIS) is required (40 CFR 1508.4). Federal agencies were directed to develop procedures for evaluating such actions.

The Federal Highway Administration (FHWA) issued regulations governing the preparation of environmental impact statements and related documents. The most recent regulation was promulgated August 28, 1987 (23 CFR 771). The FHWA regulations address three classes of actions: Class I (EISs); Class II (EAs); and Class III (Categorical Exclusions [CEs]).

Categorical Exclusions [23 CFR 771.117] are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on the natural, cultural, recreational, historic, or other resources; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental impacts.

The purpose of this guidance is to define and clarify documentation requirements and approval procedures for Federal-Aid projects classified as CEs. CEs may be divided into two groups. Type I CEs are those which are pre-approved and do not require any further NEPA approval by FHWA. No further documentation is required for Type I CEs. Type II CEs are those projects which require further documentation to demonstrate that significant environmental effects will not result before being approved as a CE. The following points provide guidance as to the level of effort required for such documentation:

The public involvement process is applicable for CEs, as determined appropriate through coordination with FHWA. Citizen informational workshops and/or contact with local civic groups and citizens may be appropriate for a project classified as a categorical exclusion. However, public involvement does not preclude a project from being processed as a programmatic categorical exclusion. It is noted that as for all projects, projects processed as Type II(A) and Type II(B), the North Carolina Department of Transportation's (NCDOT's) current erosion control policy, Erosion and Sedimentation Control Guidelines and, where water resources are involved, "Best Management Practices for Protection of Surface Waters" will be adhered to during project construction.

Possible design exceptions should be noted in all CE documents, as indicated in "NCDOT -FHWA Design Exceptions." Design exceptions should be noted in Part D of the Categorical Exclusion Action Classification Form.

A "consultation" is essentially a review of a planning document to insure that the project and its anticipated impacts are essentially the same as were documented in the NEPA document. In general, consultations on CE's have been delegated to NCDOT. A written consultation is required to be completed by NCDOT for projects as impacts occur and/or more than one year has elapsed between any two of the following events: approval of the planning document, right of way authorization, and construction authorization. However, no consultations are required for Type I, Type II(A), or Type II(B) CEs, unless the project involves a Section 4(f) resource or review of the proposed project during the consultation process reveals a substantial change in the project design or scope; consultations involving projects with Section 4(f) resources or those having substantial changes are required and must be approved by FHWA.

Regardless of the need to prepare a written consultation for projects processed as CEs, the engineer is responsible for performing two tasks: (1) updating the project's involvement with Threatened and Endangered species, as per the current U. S. Fish and \\I.ildlife Service list for North Carolina (as Section 7 requirements must be fulfilled, per the current species list, prior to right of way or construction authorization by FHWA), and (2) reviewing the list of environmental commitments contained in the Categorical Exclusion Action Classification Fom1 and coordinating with the appropriate individual in the Design Branch to insure that these environmental commitments have been incorporated into the project. For Type II(C) CEs, written consultations are required.

Minor revisions to the procedures or threshold criteria for CEs may be necessary as environmental laws, regulations, and policies change. Adjustments to this document may be made through coordination with and approval by the FHWA. All previous documents which pertain to programmatic CEs are superseded by this document.


CATEGORICAL EXCLUSION ACTION CLASSIFICATION FOR FEDERAL-AID PROJECTS

A.     BACKGROUND
The Federal Highway Administration (FHWA) and the North Carolina Department of Transportation (NCDOT) have developed a Categorical Exclusion Action Classification system for projects meeting the applicability criteria or threshold values set forth in this document. Projects which meet this criteria, noted as Type I and Type II(A), are hereby approved by the FHWA as Categorical Exclusions (CEs) and require no further environmental documentation or NEPA approval; however, the project engineer is responsible for contacting the appropriate FHWA Area Engineer during the early stages of project planning to obtain concurrence that the categorical exclusion designation (Type II(A) or Type II(B)) is appropriate.

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B.     CE CLASSIFICATIONS
The FHWA has classified categorically excluded projects into two separate types, Type I and Type II. No further documentation is required for Type I CEs. Type II CEs are further sub-divided and categorized depending on the level of documentation and approval required. A discussion of each type of CE is provided below.

Type I Actions
Type I actions meet the criteria for CEs in CEQ regulations and 23 CFR 771.1 17(a) and normally do not require any further NEPA approval by FHWA. Type I actions (23 CFR 771.117(c)) are listed below (#1 through 20), in addition to # 21, which is approved by the FHWA Division Office as a Type I action:

  1. Non-construction activities (program activities);
  2. Approval of utility installations along or across a transportation facility;
  3. Construction of bicycle and pedestrian lanes, paths, and facilities;
  4. Activities included in the State's "highway safety plan" under 23 USC 402) programs administered by the Division of Motor Vehicles);
  5. Transfer of Federal lands pursuant to 23 USC 317 when the subsequent action is not an FHWA action;
  6. The installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction;
  7. Landscaping;
  8. Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices;
  9. Emergency repairs under 23 USC 125 (Governor Declared Emergency);
  10. Acquisition of scenic easements;
  11. Determination of payback under 23 CFR Part 480 for property previously acquired with Federal-aid participation;
  12. Improvements to existing rest areas and truck weigh stations;
  13. Ridesharing activities;
  14. Bus and rail car rehabilitation;
  15. Alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons;
  16. Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet changes in routine demand;
  17. The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE;
  18. Track and rail bed maintenance and improvements when carried out within the existing right of way;
  19. Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site;
  20. Promulgation of rules, regulations, and directives; and
  21. Replacement of existing guardrail.

Type II Actions
Type II actions (23 CFR 771.117(d) and other similar actions) may be designated as CEs only after FHWA approval. Documentation, which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result, is required (23 CFR 771.117 (a) and (b)). Type II actions include:

  1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing);
  2. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements);
  3. Widening roadway and shoulders without adding through lanes;
  4. Modernizing gore treatments;
  5. Constructing lane improvements (merge, auxiliary, and turn lanes);
  6. Adding shoulder drains;
  7. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments;
  8. Providing driveway pipes;
  9. Performing minor bridge widening (less than one through lane);
  10. Slide Stabilization, and
  11. Structural BMP's for water quality improvement
  12. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting:
  13. Installing ramp metering devices;
  14. Installing lights;
  15. Adding or upgrading guardrail;
  16. Installing safety barriers including Jersey type barriers and pier protection;
  17. Installing or replacing impact attenuators;
  18. Upgrading medians including adding or upgrading median barriers;
  19. Improving intersections including relocation and/or realignment;
  20. Making minor roadway realignment;
  21. Channelizing traffic;
  22. Performing clear zone safety improvements including removing hazards and flattening slopes;
  23. Implementing traffic aid systems, signals, and motorist aid; and
  24. Installing bridge safety hardware including bridge rail retrofit.
  25. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings:
  26. Rehabilitating, reconstructing, or replacing bridge approach slabs;
  27. Rehabilitating or replacing bridge decks;
  28. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements; and
  29. Replacing a bridge (structure and/or fill).
  30. Transportation corridor fringe parking facilities.
  31. Construction of new truck weigh stations or rest areas.
  32. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts.
  33. Approvals for changes in access control.
  34. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic.
  35. Rehabilitation or reconstruction or existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users.
  36. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic.
  37. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community.
  38. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEP A process. No project development on such land may proceed until the NEP A process has been completed.
  39. Acquisition and construction of wetland, stream and endangered species mitigation sites.
  40. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines.

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C.     THE CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
The Categorical Exclusion Action Classification Form, which is included in the Appendix of this guidance material, is the worksheet which is to be completed by the engineer to provide information about the project, such as: project description, purpose and need, proposed improvements, special project information, a checklist for a Type II CE to determine environmental effects of the proposed action, and an approval sheet for the CE The information gathered during the planning process of a project is used to answer key questions which enable the planning engineer to determine if the improvements associated with the project will have a "significant" effect, either individually or cumulatively, on the human or natural environment. The completed form, with pertinent "back-up" project data attached, will replace the conventional project planning document for those projects which are classified as Type II(A) or Type lI(B) CEs.

The Categorical Exclusion Action Classification Form includes the following:

Part A: Project Description. A description of the project, including the project scope and location.

Part B: Purpose and Need. A discussion as to the purpose and need of the project is provided here. The project's compatibility with an approved thoroughfare plan and other programmed projects may be noted here.

Part C: Proposed Improvements. A comprehensive list of actions which are classified as categorical exclusions is provided. Major project activities must be correlated with the actions specified in the list.

Part D: Special Project Information. Special design, environmental information or commitments, in addition to any permits which are anticipated, should be listed here. Such information may include: design speed, traffic volumes, typical section, structure type (culvert or bridge) and dimensions, design exceptions, etc. For bridge replacement projects, a brief discussion of the method of handling traffic, either on-site or off-site, during construction should be noted. Any other specific information which needs to be related to the Design Branch or other disciplines in the Department should also be included.

Part E: Threshold Criteria. A questionnaire to be completed for projects which are to be processed as Type II CEs is included. In this part of the checklist, a series of questions is presented to help determine if the project will adversely affect the environment. A response to a question on the checklist which yields an unfavorable response (a check in a box) will require consultation with FHWA and additional documentation to demonstrate that the project will not have a significant effect on the environment.

Part F: Additional Documentation Required for Unfavorable Responses in Part E. Any question which yield an unfavorable response (a check in a box) in Part E requires further documentation and coordination with FHWA. This documentation may consist of statements and/or reference to supporting documentation which may be attached to the Categorical Exclusion Action Classification Form.

Part G: CE Approval. A CE approval form for Type II(A) and Type II(B) CEs is included. Pertinent project information, type of CE classification, and the signatures of the appropriate Assistant Branch Manager, Project Planning Unit Head, and Project Engineer are required. For Type II(B) CEs, the signature of the appropriate FHWA representative is required for approval.

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D.     DOCUMENTATION REQUIREMENTS
Type I Documentation Requirements:

If a project is comprised exclusively of Type I activities, no further documentation is required. No further approval is needed, as these actions are pre-approved by the FHWA as CEs.

Type II Documentation Requirements:
As stated previously, Type II CE's are those projects which require further documentation to demonstrate that significant environmental effects will not result before being approved as a CE. The further classification of a CE as Type II(A), Type II(B) or Type II(C) is determined by completion of Part E of the Categorical Exclusion Action Classification Form. Completion of this checklist will determine if any threshold values are exceeded and, thus, if further documentation is required to demonstrate that the project will not have a significant effect on the environment. The project engineer is responsible for coordinating with the FHWA Area Engineer early during the project planning process to insure that the CE designation (Type II(A) or Type II(B)) is appropriate and applicable.

Type II documentation requirements are as follows:

Type II (A): If completion of Part E of the Categorical Exclusion Action Classification Form does not yield an unfavorable response, the project is considered to meet the conditions and criteria established for CEs. Completion of the Categorical Exclusion Action Classification Form in its entirety, including the appropriate NCDOT signatures, serves as adequate documentation of the project. Type II(A) CEs are approved as programmatic CEs; no signature is required by the FHWA, and no further action is required.

Type II(B): In cases where there are only a few boxes which are checked (meaning the threshold values are exceeded), the NCDOT will complete the entire Categorical Exclusion Action Classification Form and submit it to the FHWA with additional documentation (Part F) for the values which are exceeded which demonstrates that the project will not have a significant effect on the environment. Following review, the FHWA may individually approve the project as a CE Type II(B) CEs do require approval by the FHWA and signature of the appropriate FHWA representative in Part G of the form. If, through consultation with the FHWA, the FHWA concludes that the project may not be processed as a Type II(B) CE and further environmental documentation is needed, as a minimum, a "Categorical Exclusion" project planning report should be prepared.

Type II(C): For those projects which meet the conditions and criteria established in 23 CFR 771.117 for a CE but more than minimally exceed the threshold values, environmental studies will be undertaken and the results documented in a "Categorical Exclusion" project planning report. The report will address potential: (1) substantial environmental impacts; (2) substantial controversy on environmental grounds; (3) impacts on properties protected by Section 4(f of the U. S. Department of Transportation Act of 1966 and Section 106 of the National Historic Preservation Act; and (4) inconsistencies with any Federal, State or local law, requirement or administrative determination relating to the environmental aspects of the action. If the environmental evaluation concludes that the project will not have significant environmental impacts, the FHWA will approve the project as a CE.

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E.     THRESHOLD CRITERIA FOR TYPE II(A) CATEGORICAL EXCLUSIONS
The threshold criteria which have been established for Type II(A) CEs is listed below. Projects that are in accordance with the criteria listed below are not anticipated to result in significant impacts to the environment.

ECOLOGICAL

  1. The project does not have a substantial impact on any unique or important natural resources.
  2. The project does not involve habitat where federally listed endangered or threatened species may occur.
  3. The project does not affect anadromous fish.
  4. If the project involves wetlands, less than one-third (1/3) acre of permanent and/or temporary wetland taking is permitted and all practicable measures to avoid and minimize wetland takings have been evaluated.
  5. The project will not require the use of U. S. Forest Service lands.
  6. The quality of adjacent water resources will not be adversely impacted by proposed construction activities.
  7. The project does not involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW).
  8. The project will not require fill in waters of the United States in any of the designated mountain trout counties.
  9. The project will not involve any known underground storage tanks (USTs) or hazardous materials sites.

PERMITS AND COORDINATION

  1. If the project is located within a Coastal Area Management Act (CAMA) county, the project will not significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC) (and, therefore, a "consistency" statement is not needed).
  2. The project will not involve Coastal Barrier Resources Act (CBRA) resources.
  3. A U. S. Coast Guard (USCG) permit will not be required.
  4. The project will not result in the modification of any existing regulatory floodway (and, therefore, is in compliance with the Federal Emergency Management Act [FEMA]).
  5. The project will not require stream relocation or channel changes.

SOCIAL, ECONOMIC AND CULTURAL RESOURCES

  1. The project will not induce substantial impacts to planned growth or land use for the area.
  2. The project will not require the relocation of any residences or businesses.
  3. The project will not have a disproportionately high and adverse human health and environmental effect on any low-income or minority population.
  4. If the project involves the acquisition of right of way, the project will require the acquisition of only minor amounts of right of way.
  5. The project will not involve any changes in access control.
  6. The project will not substantially alter the usefulness and/or land use of adjacent property.
  7. The project will not have an adverse affect on permanent local traffic patterns or community cohesiveness.
  8. The project is included in an approved thoroughfare plan and/or Transportation Improvement Program (TIP) (and is, therefore, in conformance with the Clean Air Act of 1990).
  9. There will be no substantial increase in traffic noise levels from the proposed project.
  10. Traffic will be maintained during construction using existing roads, staged construction, or on-site detours.
  11. If the project is a bridge replacement project, the bridge is to be replaced at its existing location (along the existing facility) and all construction proposed in association with the bridge replacement project will be contained on the existing facility.
  12. There is no substantial controversy on social, economic, or environmental grounds concerning the project.
  13. The project is consistent with all Federal, State, and local laws, relating to the environmental aspects of the action.
  14. The project will not have an "effect" on structures/properties which are eligible for or listed on the National Register of Historic Places.
  15. The project will not affect any archaeological remains important to history or pre-history.
  16. There will be no use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966).
  17. The project will not result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Fund Act of 1965, as amended.
  18. The project will not involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers

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PROCEDURES FOR PROCESSING TYPE I, TYPE II(A) AND TYPE II(B) CATEGORICAL EXCLUSIONS

A.     Type I Categorical Exclusions
The Program Development Branch will be responsible for documenting Type I CEs on the initial Project Authorization Form (PM-l00). The following note should be included on Form PM-l 00 for all Type I CEs: "No adverse environmental actions are associated with this project. This project is classified as a Type I CE in accordance with the "Documentation Requirements and Approval Procedures of Federal-Aid Project Classified as Categorical Exclusion" dated 1/93, as revised."

B.     Type II(A) and II(B) Categorical Exclusions

  1. Conduct a preliminary assessment to determine if the project consists of Type II improvements and if the project is likely to meet the threshold criteria. Is so, contact the appropriate FHWA Area Engineer in order to obtain determination of appropriateness of processing the project with a Categorical Exclusion Action Classification Form. The FHWA Area Engineer will document this contact in his/her file for a record of their determination.
  2. Complete the checklist, as indicated in "Categorical Exclusion Action Classification for Federal-Aid Projects: CE Classifications" for the appropriate type of CE. Complete the necessary coordination with the FHWA representative, as needed.
  3. Provide the appropriate Assistant Branch Manager with the completed package for review and signature.
  4. For Type II(A) CEs, send a copy of the signed project approval sheet with a location map to the FHWA to notify them of the project's approval. For Type II(B) CEs only, the completed signed package should be transmitted to the FHWA for their concurrence and signature.
  5. Distribute the CE package (for Type II(A) and Type II(B) CE's) in the following manner:
  6. Prepare the appropriate distribution letters for:
  7. State Historic Preservation Office
  8. Mr. Calvin Leggett, P. E., Manager, Program Development Branch
  9. Provide the Permit Section of the Environmental Unit with 8 (eight) copies for permit coordination.
  10. The individual responsible for the reproduction of project planning reports will make approximately 50 copies of the CE package. The individual responsible for distribution of project planning reports will distribute according to the normal CE distribution list.

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APPENDIX
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

TIP Project No.   
State Project No.   
Federal Project No.   
  1. Project Description: (Include project scope and location and refer to the attached project location map.)



  2. Purpose and Need:



  3. Proposed Improvements:

    Circle one or more of the following Type II improvements which apply to the project:

  4. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing).
  5. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements)
  6. Widening roadway and shoulders without adding through lanes
  7. Modernizing gore treatments
  8. Constructing lane improvements (merge, auxiliary, and turn lanes)
  9. Adding shoulder drains
  10. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments
  11. Providing driveway pipes
  12. Performing minor bridge widening (less than one through lane).
  13. Slide Stabilization
  14. Structural BMP's for water quality improvement

  15. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting.

  16. Installing ramp metering devices
  17. Installing lights
  18. Adding or upgrading guardrail
  19. Installing safety barriers including Jersey type barriers and pier protection
  20. Installing or replacing impact attenuators
  21. Upgrading medians including adding or upgrading median barriers
  22. Improving intersections including relocation and/or realignment
  23. Making minor roadway realignment
  24. Channelizing traffic
  25. Performing clear zone safety improvements including removing hazards and flattening slopes
  26. Implementing traffic aid systems, signals, and motorist aid
  27. Installing bridge safety hardware including bridge rail retrofit.

  28. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings

  29. Rehabilitating, reconstructing, or replacing bridge approach slabs
  30. Rehabilitating or replacing bridge decks
  31. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements
  32. Replacing a bridge (structure and/or fill).

  33. Transportation corridor fringe parking facilities.

  34. Construction of new truck weigh stations or rest areas.

  35. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts

  36. Approvals for changes in access control.

  37. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic.

  38. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users.

  39. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic.

  40. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community.

  41. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed.

  42. Acquisition and construction of wetland, stream and endangered species mitigation sites.

  43. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines.

  44. Special Project Information: (Include Environmental Commitments and Permits Required.)

  45. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions:
 EcologicalYesNo 
1Will the project have a substantial impact on any unique or important natural resource?   
2Does the project involve habitat here federally listed endangered or threatened species may occur?   
3Will the project affect anadromous fish?   
4If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated?   
5Will the project require the use of U. S. Forest Service lands?   
6Will the quality of adjacent water resources be adversely impacted by proposed construction activities?   
7Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)?   
8Will the project require fill in waters of the United States in any of the designated mountain trout counties?   
9Does the project involve any known underground storage tanks (UST's) or hazardous materials sites?   
 Permits and CoordinationYesNo 
10If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)?   
11Does the project involve Coastal Barrier Resources Act resources?   
12Will a U. S. Coast Guard permit be required?   
13Will the project result in the modification of any existing regulatory floodway?   
14Will the project require any stream relocations or channel changes?   
 Social, Economic and Cultural ResourcesYesNo 
15Will the project induce substantial impacts to planned growth or land use for the area?   
16Will the project require the relocation of any family or business?   
17Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population?   
18If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor?   
19Will the project involve any changes in access control?   
20Will the project substantially alter the usefulness and/or land use of adjacent property?   
21Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness?   
22Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)?   
23Is the project anticipated to cause an increase in traffic volumes?   
24Will traffic be maintained during construction using existing roads, staged construction, or on-site detours?   
25If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility?   
26Is there substantial controversy on social, economic, or environmental grounds concerning the project?   
27Is the project consistent with all Federal, State and local laws relating to the environmental aspects of the project?   
28Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places?   
29Will the project affect any archaeological remains which are important to history or pre-history?   
30Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)?   
31Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended?   
32Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers?   
  1. Additional Documentation Required for Unfavorable Responses in Part E
    (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.)



  2. CE Approval
TIP Project No.   
State Project No.   
Federal Project No.   

Project Description: (Include project scope and location. Attach location map.)



Categorical Exclusion Action Classification: (Check one)

          TYPE II(A)
          TYPE II(B)

Approved:



    
Date Assistant Manager
Planning & Environmental Branch



 
     
Date Project Planning Unit Head
Planning & Environmental Branch



 
     
Date Project Planning Engineer
Planning & Environmental Branch



 

For Type II(B) projects only:



    
Date Division Administrator
Federal Highway Administration
 

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